# C_2020433EN.01001401.xml

| 14.12.2020 | EN | Official Journal of the European Union | C 433/14 |
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14.12.2020

EN

Official Journal of the European Union

C 433/14

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Judgment of the Court (Eighth Chamber) of 28 October 2020 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Istituto nazionale per l’assicurazione contro gli infortuni sul lavoro (INAIL) v Zennaro Giuseppe Legnami Sas di Zennaro Mauro & C.

(Case C-608/19) (1)

(Reference for a preliminary ruling - State aid - Regulation (EU) No 1407/2013 - Article 3 - De minimis aid - Article 6 - Monitoring - Undertakings exceeding the de minimis ceiling because of cumulation with aid obtained previously - Option of choosing between reduction and forgoing previous aid so as to comply with the de minimis ceiling)

(2020/C 433/15)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicant: Istituto nazionale per l’assicurazione contro gli infortuni sul lavoro (INAIL)

Defendant: Zennaro Giuseppe Legnami Sas di Zennaro Mauro & C.

Operative part of the judgment

| 1. | Articles 3 and 6 of Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid must be interpreted as meaning that an undertaking, the Member State of establishment of which intends to grant it de minimis aid that, because of existing previous aid, would raise the total amount of aid granted to that undertaking to a level above the EUR 200 000 ceiling over a period of three fiscal years laid down in Article 3(2) of Regulation No 1407/2013, may opt, until such aid is granted, to reduce the funding required or to forgo, in full or in part, previous financial assistance already received, so as not to exceed that ceiling. |
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1.

Articles 3 and 6 of Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid must be interpreted as meaning that an undertaking, the Member State of establishment of which intends to grant it de minimis aid that, because of existing previous aid, would raise the total amount of aid granted to that undertaking to a level above the EUR 200 000 ceiling over a period of three fiscal years laid down in Article 3(2) of Regulation No 1407/2013, may opt, until such aid is granted, to reduce the funding required or to forgo, in full or in part, previous financial assistance already received, so as not to exceed that ceiling.

| 2. | Articles 3 and 6 of Regulation No 1407/2013 must be interpreted as meaning that Member States are not required to allow applicant undertakings to amend their applications for aid before such aid is granted, so as not to exceed the EUR 200 000 ceiling over a period of three fiscal years laid down by Article 3(2) of Regulation No 1407/2013. It is for the referring court to assess the legal consequences of the fact that undertakings do not have the option of making such changes, it being understood that they may be made only at a date prior to that on which the de minimis aid is granted. |
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2.

Articles 3 and 6 of Regulation No 1407/2013 must be interpreted as meaning that Member States are not required to allow applicant undertakings to amend their applications for aid before such aid is granted, so as not to exceed the EUR 200 000 ceiling over a period of three fiscal years laid down by Article 3(2) of Regulation No 1407/2013. It is for the referring court to assess the legal consequences of the fact that undertakings do not have the option of making such changes, it being understood that they may be made only at a date prior to that on which the de minimis aid is granted.

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(1)  OJ C 357, 21.10.2019.

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